Division 2. Health Standards and Regulations.
Montgomery County, Md., Code § 44-32 (2026)
Sec. 44-32. Definitions.LinkCopy Citation
For the purposes of this Division the following words and phrases have the following meanings:
Director; Department: The term "Director" means the Director of the Department of Health and Human Services and the term "Department" means the Department of Health and Human Services.
Institution: Private educational institutions, as defined in this Section, and all recreational camps.
Plumbing fixtures: Receptacles which receive water, liquid or water-borne wastes and discharge them into a drainage system with which they are directly or indirectly connected.
Plumbing system: The water supply system, the fixtures and fixture traps, the soil, waste and vent pipes, the building (house) drain and building (house) sewer, the storm water drainage pipes with their devices, appurtenances and connections all within or adjacent to the building.
Pool: A water receptacle used for swimming or as a plunge or other bath, designed to accommodate more than one bather at a time.
Potable water: All water from a public or private water supply system or source which is accepted by the proper governing authority as suitable for human consumption.
Private educational institution: Every private school or educational or training institution, however designated, which offers a program of college, professional, preparatory, high school, junior high school, elementary, kindergarten or nursery school instruction, or any combination thereof, or any other program of trade, technical or artistic instruction; but, such terms shall not include: (a) Any private education institution which is under the supervisory jurisdiction of the County Board of Education; or (b) any type of instruction which is carried on by a single teacher, tutor or instructor having not more than 5 students under instruction at any one time.
Registered nurse: A person who has qualified for nursing service under the law of the State.
Sanitary sewer: Any water-borne system of sewage disposal.
Sewage: Any liquid waste containing animal or vegetable matter in suspension or solution or liquids from laboratories or industrial institutions containing minerals in solution.
Montgomery County, Md., Code § 44-33 (2026)
Sec. 44-33. Location generally; vermin control.LinkCopy Citation
Private educational institutions and camps shall be located on well-drained grounds and shall be kept free, insofar as practicable, from rats and other vermin, as well as from conditions which attract or harbor vermin.
Montgomery County, Md., Code § 44-34 (2026)
Sec. 44-34. Buildings, sleeping quarters, tents and equipment generally.LinkCopy Citation
(a)
Maintenance. All buildings, tents, vehicles and grounds of institutions regulated by this division shall be maintained in a clean and sanitary condition at all times.
(b)
Space in sleeping quarters; proximity of beds. Rooms used for sleeping at night shall contain not less than four hundred (400) cubic feet of space for each occupant. The director may waive this requirement where he finds that circumstances warrant such a waiver and that the health of no student will be jeopardized thereby. No bed shall be closer to any other bed than two and one-half feet.
(c)
Ventilation. Ventilation in sleeping quarters, kitchens, dining rooms and mess halls shall provide a sufficient movement of air at all times to assure the comfort of the occupants.
(d)
Screening against flies and mosquitoes. All outside doors, windows and other outer openings of sleeping quarters shall be screened against flies and mosquitoes between April 1 and October 15 of each year.
(e)
Distance of floors above ground. The floors of all buildings occupied or used for living or instruction shall be raised above the ground to such a height or shall be otherwise constructed so that they will remain dry.
(f)
Window space of rooms used for sleeping. Every room used for sleeping at night shall have window space equal to one-eighth of its floor area. The director may waive this requirement where, in his opinion, natural lighting warrants such a waiver and where the health of the occupants of the room will not be jeopardized thereby.
(g)
Construction of windows of sleeping rooms. Windows of sleeping rooms shall be so constructed that at least one-half of the window area of each window can be opened.
(h)
Water buckets used for fire extinguishers. Water buckets used for fire extinguishers shall be protected so as to prevent mosquito or other insect breeding therein.
(i)
Heating requirements. Every building used for living or instruction purposes shall be heated sufficiently to ensure the comfort and protect the health of all persons using such buildings. In such buildings a minimum average temperature of at least sixty-five (65) degrees Fahrenheit shall be maintained. The health officer may waive this requirement where, in his opinion, circumstances warrant such a waiver.
(j)
Locker spaces in rooms. Locker spaces shall be provided for all students who engage in athletic activities and who do not change their clothing in other than sleeping quarters. Locker rooms shall be under the supervision of a competent person who shall be responsible for the cleanliness, sanitation and ventilation of such spaces. The person in charge of the locker facilities shall insure that individual towels are used by individual persons.
Montgomery County, Md., Code § 44-35 (2026)
Sec. 44-35. Water supply.LinkCopy Citation
(a)
Annual inspection. The potable water supply in every institution shall be inspected annually for adequacy, safety and conformity with state and local health laws by the Department.
(b)
Precautions against contamination. When drinking water is carried into an institution from any outside source, a responsible person shall be designated by the Director of the institution to insure that precautions are taken to prevent contamination of the water in transit.
(c)
Use of common drinking cup. The use of a common drinking cup or container is hereby prohibited.
(d)
Drinking fountains. All drinking fountains must be approved by the Department of Permitting Services as being of a design and in such condition that they do not constitute a health hazard.
(e)
Wells and springs. Wells and springs must be located or protected so as to avoid any danger of contamination from buildings or other sources. Wells or springs must be encased in masonry or tile which must extend at least 18 inches above the surface of the ground, and must be provided with a watertight cover, or must be of such other construction as to render assurance against contamination. Removal of water from any source by dipping or drawing with a bucket or other device is prohibited. Before the selection of springs or the construction of wells for a potable water supply, a person must obtain approval from the Department of Permitting Services.
(f)
Connections between water sources. Connections between water sources which have been approved by the Department and sources which have not been so approved are hereby prohibited.
(g)
Use of lead pipe prohibited. The use of lead pipe for conducting water into any institution is hereby prohibited.
(h)
Availability of hot water. In all institutions equipped with running water under pressure, hot water shall be available in all cooking and dishwashing places at all times during which food is being prepared and dishes are being washed.
Montgomery County, Md., Code § 44-36 (2026)
Sec. 44-36. Bathing facilities and swimming pools.LinkCopy Citation
Swimming pools and regular bathing facilities shall comply with the swimming pool regulations of the state board of health and shall be inspected regularly by the department at least once each calendar year.
Montgomery County, Md., Code § 44-37 (2026)
Sec. 44-37. Toilet and sewage disposal facilities.LinkCopy Citation
(a)
Inspection and compliance with regulations. The toilet facilities and methods of sewage disposal in all institutions shall be inspected regularly by the department or other designated county agency for conformity with the excreta disposal laws of the state and the county and shall comply with all regulations issued under such laws.
(b)
Toilet facilities generally. There shall be provided in all buildings used for living or instruction which are accessible to a sanitary sewer convenient and adequate toilet facilities so located, constructed and maintained that they shall not be offensive to the users, shall not be accessible to flies or vermin, and shall not by leakage or seepage offer possible contamination of adjacent waters or otherwise create a nuisance.
(c)
Ratio of toilet facilities to students. The following ratio of toilets to students shall be deemed a standard for minimum adequacy:
Girls’ toilet units, elementary school | 1 to 35
Girls’ toilet units, secondary school | 1 to 45
Boys’ toilet units (when no urinals are provided) | 1 to 35
Boys’ toilet units when supplemented by at least one urinal to fifty boys | 1 to 100
Lavatories, elementary school | 1 to 60
Lavatories, secondary school | 1 to 100
Montgomery County, Md., Code § 44-38 (2026)
Sec. 44-38. Food and food handling.LinkCopy Citation
(a)
Standards generally. All institutions shall comply with grade A standards established by the county board of health in its regulations for eating and drinking establishments.
(b)
Screening against flies and mosquitoes. All doors, windows and other outer openings of kitchen, pantries and dining halls shall be screened against flies and mosquitoes between April 1 and October 15 of each year.
(c)
Quality of milk used. In all institutions only pasteurized milk and cream conforming to state and local milk regulations shall be used.
Montgomery County, Md., Code § 44-39 (2026)
Sec. 44-39. Garbage and waste disposal.LinkCopy Citation
(a)
Receptacle requirements generally. All garbage and waste matter from institutions regulated by this article shall be deposited in covered metal receptacles which shall be regularly emptied and cleaned at least twice a week between November 1 and April 1 of every year. Such receptacles shall be cleaned more frequently between April 1 and November 1 upon the written order of the director.
(b)
Disposition of garbage, etc. All garbage and waste matter shall be burned, buried or otherwise disposed of in such a manner as not to violate any of the provisions of this Code or constitute a health or sanitary nuisance.
(c)
Storage of garbage. Garbage shall be stored for collection in such a manner that it will not be accessible to rodents or other vermin.
(d)
Garbage can locations to be kept clean. Places where garbage cans are located shall be kept clean at all times.
(e)
Disposition of tin cans, etc. Emptied tin cans and food containers shall be disposed of in such a manner as to render them inaccessible to mosquitoes, other insects or vermin.
Montgomery County, Md., Code § 44-40 (2026)
Sec. 44-40. Medical and nursing care generally.LinkCopy Citation
(a)
Generally. Every institution shall prepare a plan for insuring adequate emergency and other medical service. Every overnight school and camp shall have a school medical adviser, who shall be a licensed physician and who shall, pursuant to a definite arrangement with the institution:
(1)
Regularly advise the institution concerning its general health program, emergency and other medical services, measures to control communicable diseases, health supervision of athletic participants and first-aid and nursing services;
(2)
Assume responsibility for the examination and medical supervision of any children unable to secure this service from private physicians;
(3)
Issue standing orders to the person responsible for first-aid service.
(b)
Program in handling emergencies. Every institution shall prepare a planned, written program for the handling of emergencies and, in connection therewith, shall keep available in a convenient location a list of the names, addresses and telephone numbers of the institution's medical adviser, or nearby physicians available in emergencies, of nearby ambulance and hospital services and of the family physician of the individual students.
(c)
Person trained in first-aid to be present. An adult person trained in first-aid shall be present in every institution at all times when students or children are present.
(d)
When provisions for first-aid attention required. Adequate provisions for first-aid attention shall be made in connection with all group trips away from the institution except for trips performed within an area where first-aid attention is readily obtainable.
(e)
Telephone required. There shall be a telephone in every educational institution and every recreational camp; provided, however, that where such camp is unable to obtain a telephone there shall be one (1) within five (5) minutes' travel distance from such camp.
(f)
Automobile facilities. At all times there shall be available to every school automobile facilities which can be obtained within fifteen (15) minutes after call.
Montgomery County, Md., Code § 44-41 (2026)
Sec. 44-41. Communicable diseases.LinkCopy Citation
(a)
Report required. All cases of communicable diseases initially detected in students during their presence in an institution must be immediately reported to the Health and Human Services Department by the person in charge of the institution. The report must include the name of any individual in the institution known to have or suspected of having any such disease and such other information as may be prescribed by the Director.
(b)
Plan of isolation. Every institution shall prepare a plan of isolation of students while on the premises of the institution which meets the approval of the County Health Officer.
(c)
Release of students suffering from or exposed to disease. No institution shall release a resident student suffering from a communicable disease or who has been exposed to such a disease within the incubation period of a communicable disease to a locality within the County without authorization of a licensed physician. No such student shall be released to a location outside the County without authorization of the County Health Officer. This subsection shall apply to chicken pox, diphtheria, measles and German measles, mumps, poliomyelitis, scarlet fever, whooping cough and such other diseases as the County Health Officer may designate.
(d)
Procedure in case of suspected food poisoning, etc. Whenever there occurs in any institution any outbreak of suspected food poisoning or whenever there is an unusual prevalence of any illness in which diarrhea, fever, sore throat, vomiting or jaundice is a prominent symptom, it is the duty of the person in charge of the institution to report immediately the existence of such an outbreak or disease prevalence to the Health and Human Services Department.
(e)
Examination, etc., of employees. No institution shall knowingly permit an employee suffering from a communicable disease or suspected communicable disease to be on duty until examined by a licensed physician and found to be free from infection transmissible to others.
Montgomery County, Md., Code § 44-42 (2026)
Sec. 44-42. Examinations and health records.LinkCopy Citation
A health record on a form prescribed by the county health officer shall be kept for each child or student in every institution.
Montgomery County, Md., Code § 44-43 (2026)
Sec. 44-43. Infirmaries.LinkCopy Citation
Overnight schools and camps shall maintain a clean, well-lighted and sanitary infirmary. The minimal standard for the number of beds in any such infirmary shall be determined by the county health officer, based on the number of resident students, the arrangements for transferring sick students to their homes and hospitals and other conditions affecting the care of the sick students. Such infirmaries shall be equipped with supplies prescribed by the county health officer as adequate to fulfill the needs of the particular institution.
Montgomery County, Md., Code § 44-44 (2026)
Sec. 44-44. Administration and enforcement of division.LinkCopy Citation
The director shall be responsible for the administration and enforcement of this division.
Montgomery County, Md., Code § 44-45 (2026)
Sec. 44-45. Violations and penalty.LinkCopy Citation
Any person who violates any provision of this division shall be subject to punishment for a class B violation as set forth in section 1-19 of chapter 1 of the County Code. Each day of violation shall be deemed a separate offense.